EULA_ANDROID VER9 161121
This End-User License Agreement (the "Agreement") is a license agreement between you and eBook Initiative Japan Co. Ltd. ("EBI") with regard to grant a license to read ebooks (“CONTENTS”) provided by EBI, to use the software ("SOFTWARE") that is necessary to read CONTENTS provided by EBI, and to use fonts(including Yuminchotai,Yuminchotai IC gaiji, IPA ex Gothic, hereinafter ”FONTS”) to read CONTENTS provided by EBI. You are also required to comply with IPA Font License Agreement v1.0.
You are deemed to agree to be subject to the following terms and conditions by installing CONTENTS and/or the SOFTWARE and/or FONTS on an Android whether permanently or not, or by reading CONTENTS and/or using the SOFTWARE and/or FONTS. If you do not agree to such terms and conditions, you are not authorized to read CONTENTS nor use the SOFTWARE and FONTS, and must immediately cease to read CONTENTS, to use the SOFTWARE and FONTS, and must delete or destroy completely all CONTENTS,SOFTWARE and FONTS.
1. Grant of License
- EBI grants to you a nonexclusive, nontransferable license to read CONTENTS subject to the terms and conditions of this Agreement and User’s guide policy (“POLICY”) , separately set forth ateach bookstore where users have purchased ebooks.
- EBI grants to you a nonexclusive, nontransferable license to install and use the SOFTWARE on the DEVICE free of charge. You may install and use the SOFTWARE on a single DEVICE
- EBI grants to you a nonexclusive, nontransferable license to install and use FONTS on the DEVICE free of charge.
2. Copyright
- All rights, title, copyrights (including the rights under Article 27 and 28 of the Japanese Copyright Law) and any other intellectual property rights related to CONTENTS , the SOFTWARE and FONTS are owned by EBI and/or the third parties(including but not limited to Infocity Inc., Sharp Corporation, Voyager Japan Inc., JIYUKOBO Ltd., that grant a license to EBI. You acknowledge and agree that grant of a license to read CONTENTS and to use the SOFTWARE and FONTS subject to this Agreement shall not mean nor be construed to transfer to you any title, copyrights and intellectual property rights.
3. Acquiring information to identify devices etc.
- EBI acquires information such as UDID(unique device ID) and others in encrypted manners in order to identify devices for preventing illegal copies.
- UDID and other information are acquired and used only for the purpose of prevention of illegal copies.
- EBI does use the third party service so that EBI may analyze the access status to the SOFTWARE by you.
By the use of the third party service, EBI may acquire and collect your attribute information (age, gender, device information, action history, interest or concerns) from usage history of the SOFTWARE by you and may analyze the usage status of the SOFTWARE by you.
EBI may use your attribute information for the purpose of improving the SOFTWARE and performing other marketing analysis. The attribute information does not include the personally identifiable information.
4. Prohibited Use
You agree not to:
- make copies of, distribute, make the public transmission of, lend, transfer, modify, alter, translate, sub-license, adapt, decompile, disassemble or otherwise reverse engineer CONTENTS , the SOFTWARE and FONTS, in whole or in part;
- export or re-export CONTENTS, the SOFTWARE and FONTS, all or part, to any country or person, directly or indirectly;
- use CONTENTS, the SOFTWARE and FONTS for a commercial purpose;
- infringe copyrights, trademark rights or any other intellectual property rights of EBI or other third parties;
- intentionally or unintentionally violate any applicable laws, the terms and conditions of this Agreement and the POLICY, harm the credit of EBI, and cause damages to EBI and other third parties of any kinds
-use FONTS on other viewer but ebiReader
-take FONTS out of ebiReader and;
- create, or purport to create weight font family or derivative work directly or indirectly, out of FONTS.
5. Warranty Disclaimer and Indemnity
- EBI makes no warranties or representations, express or implied, that the SOFTWARE will operate properly, that the SOFTWARE will match to DEVICES, that CONTENTS and/or the SOFTWARE and/or FONTS will meet your requirements or expectations, or that CONTENTS and/or the SOFTWARE and/or FONTS will be uninterrupted, timely, secure, or error-free. EBI uses diligent efforts to maintain CONTENTS or the SOFTWARE or FONTS, but EBI is not responsible for any defects or failures associated with CONTENTS or the SOFTWARE or FONTS or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
- In addition, EBI makes no warranties, express or implied, that CONTENTS or the SOFTWARE or FONTS will not infringe any other intellectual property rights of third parties. Any material downloaded or otherwise obtained through the use of the CONTENTS or the SOFTWARE or FONTS is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. You expressly understand and agree that EBI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EBI has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use CONTENTS or the SOFTWARE or FONTS ; or (ii) any other matter relating to the CONTENTS or the SOFTWARE or FONTS. You agree to indemnify, defend and hold harmless EBI, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from and against any and all third party claims, damages, liabilities and/or expenses (including, but not limited to, attorneys fees) arising from your use of CONTENTS or the SOFTWARE or FONTS, your violation of the terms and conditions herein, or your infringement of any intellectual property or other right of any person or entity.
- EBI may modify the specification of CONTENTS and/or the SOFTWARE and/or FONTS at its sole discretion, and change the methods of distribution without prior notice or consent from you.
- EBI may pre-install CONTENTS on a DEVICE. EBI may change title of CONTENTS at its sole discretion without any liabilities.
- You agree to a condition that due to Google Inc. and/or other companies’ policies of cease to provide upgrade version of OS or to guarantee compatibleness with later models , EBI does not have any obligation to ensure CONTENTS and/or the SOFTWARE and/or FONTS of their usage thereof.
6. Termination
- Without any reasons, EBI may terminate this Agreement upon 7 days’ notice.
- This Agreement will automatically terminate without notice or summons from EBI if you fail to comply with any terms and conditions of this Agreement or the POLICY. In such event, you must delete and/ or destroy CONTENTS and the SOFTWARE and FONTS and all of its component parts.
- You expressly understand and agree that you may not file any claim against EBI and any third party that grants a license to EBI for any amounts of payments or whatsoever caused by termination of this Agreement.
7. Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of Japan. You agree that all lawsuits hereunder shall be exclusively brought in the Tokyo District Court of Japan.